Mst. ZEENAT KHATOON and anothers vs THE STATE
This matter arises from a criminal miscellaneous application filed under Section 561-A of the Code of Criminal Procedure 1898 seeking the quashment of First Information Report No. 19 of 2007 registered at Police Station Sarhari under Sections 365-B, 147, 148, 149, and 109 of the Pakistan Penal Code 1860. The core legal question concerns whether criminal proceedings and an F.I.R. regarding alleged kidnapping and abduction can be quashed when the alleged victim, being a major, voluntarily contracts marriage with one of the accused and states on record that she acted of her own free will without coercion. The court held that since the star witness and alleged victim has voluntarily contracted marriage and denied any abduction, the continuation of criminal proceedings constitutes an abuse of the process of law and the F.I.R. has no legal support. The court accordingly allowed the application and quashed the F.I.R. along with its consequential proceedings.
- Whether an F.I.R. under Section 365-B of the Pakistan Penal Code 1860 can be quashed under Section 561-A of the Code of Criminal Procedure 1898 when the alleged victim states she contracted marriage of her own free will?
- Does the continuation of criminal proceedings amount to an abuse of the process of law where the star witness denies the allegations of kidnapping?
- Can the High Court quash criminal proceedings on the basis of a voluntary statement made by a major female witness?
- Section 561-A, Code of Criminal Procedure 1898
- Section 365-B, Pakistan Penal Code 1860
- Section 147, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
ORDER
1. ' SALAMAN ANSARI, J.---This is an application under section 561-A Cr.P.C. F.I.R. In this case was registered at Police Station, Sarhari on 25-8-2007 by the complainant Abdul Hameed, brother of Mst. Zeenat Fareeda, alleging that the applicant No,2, Mohabbat Khan, Ghulam Hussain both sons of Miro Talpur, Shaman, Manthar and Mst. Minzadi had come to their house on 19-8-2007 at about 1330 hours and on show of weapons had taken away Mst. Zeenat alias Fareeda and a case under sections 365-B, 147, 148, 149, 109 P.P.C. Was registered against the accused. Therefore both the applicants Nos.1 and 2, fearing for their lives came to Karachi and have filed this application under section 561-A Cr. P. C. Praying for quashment of the F.I.R. No,19 of 2007.
2. ' Heard the learned counsel for both the applicants who has argued that both the applicants are married by consent and a false case has been registered against them by the complainant. The learned counsel has produced two orders of the High Court one dated 13-6-2007, in which it was decided by Justice Muneeb Ahmed Khan, as under: ' "In the circumstances and after noticing that the case has been registered for kidnapping and threat under section 365-B Cr.P.C. And the star witness in this case would be applicant No,2, who, now is totally going contrary to the factual position of the F.I.R. And any exercise on the basis of the said F.I.R. Will be an exercise in futility.
3. ' In the circumstances the F.I.R. Has no support or value in the eyes of law hence is quashed and application is allowed."
4. ' And in order dated 21-9-2007, passed in Criminal Miscellaneous Application No,158 of 2007, by Justice Mrs, Qaiser Iqbal, as under: ' "Having regard to the above factual and legal position, I am of the view that the continuation of the criminal proceedings against the applicants is an abuse of process of law and consequently F.I.R. No,123 of 2007 under section 365(b) stands quashed. In the result the application filed by the applicants under section 561-A Cr.P,C. Is allowed."
5. ' The statement of Mst. Zeenat alias Fareeda, recorded during the proceeding in which she has stated that she had married with Mohabbat Khan on her own free-will, she being a major was not coerced, or forced in any manner to enter into this marriage and she had left for Karachi fearing for her life with her husband Mohabbat Khan and filed this application under section 561-A Cr .P.C.
6. ' Learned State Counsel, Ms. Afsheen Aman, has stated that if in the statement Mst. Zeenat alias Fareeda shows willingness to go with Mohabbat Khan and admits marriage with him, she may be permitted to leave with her husband.
7. ' Having heard the arguments of the learned counsel for the applicants and the learned State Counsel and perusing thestatement of Mst. Zeenat alias Fareeda, who willingly and on her own free will entered into marriage with the applican Mohabbat Khan and Mst. Zeenat being the main witness of the case, in my opinio case of kidnapping, abduction and inducing Mst. Zeenat is contrary to the facts as alleged in the F.I.R. I therefore, afte coming to the conclusion that the F.I.R. Is based upon false grounds, in view of the statement of Mst. Zeenat and as such has no support or value in the eyes of law, hence I allow the application under section 561-A Cr. P. C. And quash the F.I.R. No, 19 of 2007 and the proceedings initiated thereon.
8. F.I.R. Quashed.